RIGHT OF WITHDRAWAL-EXCHANGE OF GOODS

WHAT DOES THE RIGHT OF WITHDRAWAL CONSIST OF?

The right of withdrawal, commonly known as the "right to change your mind", is one of the most important rights attributed to the consumer by the Code

Of consumption.

The matter is regulated by legislative decree no. 21/2014 which implemented Directive 2011/83/EU on consumer rights.

The right of withdrawal allows the consumer to change his mind about the purchase made, freeing himself from the concluded contract without providing any reason.

In this case, the consumer will be able to return the goods and obtain a refund of the amount paid.

WHEN CAN IT BE EXERCISED?

The right of withdrawal in the e-commerce sector can be exercised within 14 days.

WHEN IS IT SCHEDULED?

What does the law say about in-store returns?

The right of withdrawal can only be exercised for contracts concluded remotely or negotiated away from commercial premises (art. 52 Consumer Code), therefore it cannot be exercised in the case of purchases made in-store.

The right of withdrawal is provided for contracts concluded remotely or negotiated away from business premises between a professional and

a consumer.

You cannot exercise the right of withdrawal if you go to a shop, whether the goods were present at the time or not,

for example if you place an order.

The right of withdrawal cannot be exercised if the goods purchased are tailor-made or personalized.

Pursuant to article 47, paragraph 2, of the Consumer Code, the internal provisions relating to the right of withdrawal do not apply

to contracts negotiated away from business premises under which the fee to be paid by the consumer is less than 50 euros

(so-called small-scale contracts).

In accordance with the provisions of EU legislation.

THE EFFECTS OF WITHDRAWAL

The exercise of the right of withdrawal frees the parties from the contractual obligations assumed.

It follows that:

the consumer is required to return the goods within 14 days from the date on which he communicated his decision to the professional

to exercise the right of withdrawal.

The deadline is respected if the consumer sends back the goods before the aforementioned deadline.

The consumer only bears the direct cost of returning the goods which is borne by the consumer.

The retailer is required to reimburse the payment received from the consumer, without undue delay and in any case within 14 days

from the moment it is informed of the consumer's decision to withdraw from the contract.

The professional carries out the reimbursement using the same payment method used by the consumer for the initial transaction, except

unless the consumer has agreed otherwise and provided that he does not incur any costs as a result

of the refund.

The professional is not required to reimburse additional costs.

The shopkeeper can withhold the refund until he has received the goods or until the consumer has demonstrated

to have sent back.

THE RIGHT OF WITHDRAWAL IN THE CONTEXT OF SMALL ENTITY CONTRACTS

The national rules regarding the right of withdrawal DO NOT apply to small contracts negotiated away from business premises (article 47, paragraph 2, Consumer Code).

For the purposes of qualifying as a "small contract", the limit established by national legislation is equal to 50 euros, in accordance with the provisions of EU legislation.

REPLACEMENT-EXCHANGE OF GOODS:

The trader is not obliged to exchange the goods purchased in the shop only if they do not present defects.

“Defective product must be returned within 7 days” for replacement.

WHICH ITEMS CANNOT BE EXCHANGED:

Products that are likely to deteriorate or expire quickly (for example, supplements). Sealed products that have been opened after delivery or that may come into contact with the skin, for hygiene reasons. Services that have already been performed (for example, assembly services).

HOW LONG DO YOU HAVE TO CHANGE A PRODUCT:

First of all, it should be noted that there is no right to replacement when the item or gift has been purchased in-store.

Once the purchase has been concluded, payment made and the product delivered, there is no express right

of reconsideration in favor of the customer.

The concessions, as such, are established by the shopkeeper.

https://www.mimit.gov.it/it/mercato-e-consumatori/tutela-del-consumatore/diritti-del-consumatore/diritto-di-recesso